quesEntering my father's place

I am the only son of My father who died after prolonged illness in July 2013. I used to stay outside due to work, but father confessed me that my mother & sister had tried to make a will / gift deed before a year & that I had recorded on my mobile. My father was paralyzed & was not able to sign for several years. Now the duo are not allowing me to enter the house & didn't allow me to do his last rites under Hindu law. They even didn't inform me after my father's death. Now my question is - How can I enter into the house? I have made a GD already in police, they said that there is an way to get court order to get entry with the help of police instantly. How to obtain the court order? Is it issued instantly?

  • ansIssue legal notice to your mother and sister that after your father death you have 1/3rd share in property . stating that inspite of being aware that you are 1/3rd owner you are not being permitted to enter the house . file suit for partition. Pending hearing and final disposal of suit you can request the court that you may be permitted to reside in said house. In case your mother /sister rely upon the alleged will made by your father they will have to apply for probate . both suits will be clubbed together. Amicable settlement with your family members is best option . try to take help of some elders in family.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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